Complaint filed against Chargers doctor

Medical board says it’s alcohol-related

The state medical board has filed a complaint against longtime Chargers team doctor David Chao, accusing him of abusing alcohol and unprofessional conduct stemming from two alcohol-related incidents in 2006 and 1995.

The complaint, filed this week, seeks a hearing on the matter to consider disciplinary action on Chao’s license to practice medicine.

Chao, 45, pleaded guilty to misdemeanor drunken driving in 2007 and received five years of probation and a $1,800 fine. He was arrested in August 2006 after California Highway Patrol officers said he was weaving and drifting between lanes on Interstate 8. The complaint also said Chao pleaded guilty to a charge of reckless driving related to alcohol in 1995.

His attorney, Jim Godes, said the 1995 case has been expunged and that the government’s case is weak because it’s built on an “isolated incident” unrelated to patient care.

California law says unprofessional conduct for a licensee includes, but is not limited to, use of alcoholic beverages in a way that could be dangerous, or more than one misdemeanor related to the use of such beverages.

As Chargers team doctor, Chao treats injured players. The Chargers declined to comment on the medical board’s complaint. A spokeswoman for the medical board said the board does not discuss pending cases.

The complaint comes as state boards appear to have become more vigilant with licensees after the Board of Registered Nursing came under fire this year for lax discipline of nurses accused of misconduct.

“All the boards are on high alert because of the scrutiny that’s been placed on the nursing board,” said Tracy Green, an attorney with expertise representing professionals in health care. “They are getting alert to anything with drugs or alcohol or any convictions. The boards are being more aggressive than they used to be.”

Green is not involved in this case but said she doubted it would result in serious punishment. She said the board’s intent is to “look at it and see if he has an alcohol problem.”

Chao has been dogged in recent years by legal problems and malpractice allegations unrelated to this complaint. Earlier this year, he settled out of court with a man, Tom Fagan, who sued him and other care providers after he underwent knee replacement surgery by Chao in 2007. Fagan said in court documents that the carelessness of the defendants in his treatment required amputation of his right leg. Scripps Memorial Hospital in La Jolla agreed to a $1.39 million settlement with Fagan, according to court records, and Chao was released from the case with no admission of liability.

In 2002, Chao was issued a $1,000 citation by the medical board for failure to maintain adequate and accurate medical records. The charge stemmed from allegations Chao had unlawfully written narcotics prescriptions for former Chargers doctor Gary Losse, whose alleged addiction to such narcotics led to his being dropped by the Chargers in 1998, according to court records.

Chao has been sued 20 times since 1998 in San Diego Superior Court for medical malpractice, negligence, personal injury or fraud. At least five of those suits have been settled with undisclosed payouts to plaintiffs. Such settlements are not considered admissions of liability. In 2002, Abby Joyce Rueckert was awarded a $460,000 verdict by a jury after she sued Chao for severing an artery during surgery. Chao denied the accusations in court records.

Chao, an orthopedic surgeon, has operated on many pro athletes, including cyclist Floyd Landis and wrestler Rey Mysterio.